USDA has filed its opposition to summary judgement in the case filed by the Center for Food Safety (CFS) regarding the agency’s implementation of the National Bioengineered Food Disclosure Standard (“BE rule”).
As you may recall, the lawsuit’s primarily allegation is that USDA’s implementation of the BE rule violates the Administrative Procedure Act (APA) as arbitrary and capricious and contrary to law, based on AMS’s decisions to:
In USDA’s response to CFS’s motion for summary judgement, it discusses Chevron deference and the broad discretion afforded to the agency under the statute. With respect to each of the points above, USDA argues:
USDA states that vacating the final rule “would disrupt the food industry”, leaving it with “no guidance or disclosure requirements for affirmative statements regarding the bioengineered status of foods.” We will keep you apprised of developments on the litigation.
Authored by Martin Hahn and Veronica Colas.
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